Dare International Limited v Omar Kayaam & Ors

Dare International Limited v Omar Kayaam & Ors

The court held that the applicant satisfied the relevance and necessity tests for three of the four classes of documents sought under CPR 31.17. The existence of deleted communications, the proximity of trial, and the exceptional circumstances justified third party disclosure against the respondents. The application...

Source-derived case information.

Parties
Claimant/applicant: Dare International Limited; Respondent: Omar Kayaam; Respondent: Greg Newman; Respondent: John Beckwith; Respondent: Onyx Capital Group Limited; Respondent: Onyx Capital Group Services Limited; Respondent: Onyx Capital Technology Limited; Respondent: Onyx Commodities Limited; Respondent: Onyx Capital Advisory Limited; Respondent: Flux Financial Limited; Respondent: OG Investments Limited
Jurisdiction
England and Wales
Judgment Date
30 April 2025
Procedural Posture
Third Party Disclosure Application (civil) / Judgment on Application for Third Party Disclosure Prior to Trial
Outcome
Application granted in part
Legal Topics
Third Party Disclosure, Expedited Trial Procedure, Employee Restrictive Covenants, Constructive Dismissal, Confidentiality and Privilege, Document Disclosure Standards
Civil Procedure Employment Law Commercial Law Third Party Disclosure Expedited Trial Procedure Employee Restrictive Covenants Constructive Dismissal Confidentiality and Privilege +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Dare International Limited

Claimant/applicant

Omar Kayaam

Respondent

Greg Newman

Respondent

John Beckwith

Respondent

Onyx Capital Group Limited

Respondent

Onyx Capital Group Services Limited

Respondent

Onyx Capital Technology Limited

Respondent

Onyx Commodities Limited

Respondent

Onyx Capital Advisory Limited

Respondent

Flux Financial Limited

Respondent

OG Investments Limited

Respondent

Procedural Posture

Third Party Disclosure Application (civil) / Judgment on Application for Third Party Disclosure Prior to Trial

Legal Issues

  1. 1 Whether the applicant is entitled to third party disclosure orders against the respondents under CPR 31.17
  2. 2 Whether the classes of documents sought meet the relevance and necessity tests under CPR 31.17
  3. 3 Whether the application is premature or oppressive

Ratio Decidendi

The court held that the applicant satisfied the relevance and necessity tests for three of the four classes of documents sought under CPR 31.17. The existence of deleted communications, the proximity of trial, and the exceptional circumstances justified third party disclosure against the respondents. The application was not premature, and the classes of documents were appropriately defined. The court declined to order disclosure of the broadest class (internal Onyx communications not directly involving Mr Ersen) as it did not meet the relevance test for all documents in that class.

Court Disposition

Application granted in part

Orders

  • Disclosure by the first to third respondents of communications with Mr Ersen from 1 April 2024 to 30 November 2024 and internal communications regarding his recruitment from 1 March 2024 to 30 November 2024.
  • Disclosure by the fourth to eleventh respondents of communications with Mr Ersen (or his agents) from 1 April 2024 to 30 November 2024.